Impact on existing patents
The Unitary Patent will have no effect on existing granted European patents. It is an option only on patents granted after the package enters force.
Before the UPC enters force, infringement proceedings can be brought in the national courts of each validated state. The national courts have jurisdiction only over that validation and acts within the territory. After the UPC enters force, the UPC will automatically assume exclusive jurisdiction except for opted-out classical validations.
- Unitary Patent is not an option on patents granted before package enters force.
- Jurisdiction for infringement and revocation will be automatically transferred from national courts to UPC.
- We recommend making a strategic decision before the package enters force as to whether to litigate in the UPC.
Once opted-out classical validations will maintain the status quo where infringement and revocation actions can be brought in the national courts. Since the patent can always be opted back into the UPC jurisdiction, Opting-out existing classical validations on the sunrise register is likely to give the maximum flexibility.